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Female Genital Mutilation (Protection and Guidance) (Scotland) Act 2020

Consolidated Text As Enacted Cited authorities 53 Cited in Related
Vincent
JurisdictionScotland
  • In the Prohibition of Female Genital Mutilation (Scotland) Act 2005 (“the 2005 Act”) , after section 5 insert—
      (5A) Female genital mutilation protection orders
    • “(1) In this Act, a “female genital mutilation protection order” is an order made for one or more of the purposes mentioned in subsection (2) .
    • (2) The purposes are—
    • (a) to prevent, or reduce the likelihood of, an act of genital mutilation being performed on—
    • (i) a person identified in the order, or
    • (ii) any person falling within a description specified in the order,
    • In this Act, a “female genital mutilation protection order” is an order made for one or more of the purposes mentioned in subsection (2) .a person identified in the order, orany person falling within a description specified in the order,to protect a person, identified in the order, on whom such an act has been performed,to otherwise prevent, or reduce the likelihood of, an offence under section 1 or section 3 being committed.on an application made to a court under section 5C,in civil proceedings before a court by virtue of section 5E(1) ,in criminal proceedings before a court by virtue of section 5J(2) .In deciding, under or by virtue of a provision mentioned in subsection (3) , whether to make a female genital mutilation protection order and, if so, what order to make, the court must have regard to all the circumstances including the need to secure the health, safety and well-being of any person who would be a protected person were the order made.In ascertaining the well-being of such a person, the court must, in particular, have regard to the person's wishes and feelings (so far as reasonably ascertainable) to such extent as the court considers appropriate, taking into account the person's age and understanding.Subsection (7) applies where a person who would be a protected person were a female genital mutilation protection order made is not ordinarily resident in Scotland.The court may make a female genital mutilation protection order under or by virtue of a provision mentioned in subsection (3) in relation to a person mentioned in subsection (6) only where the person is in Scotland when the order is applied for or, as the case may be, made.In this Act—
    • “an act of genital mutilation”—
      • (a) means an action mentioned in section 1(2) performed in relation to the whole or any part of a person's genitals mentioned in section 1(1) , other than an action mentioned in section 1(4) —
        • (i) performed by an approved person, or
        • (ii) performed outside the United Kingdom by an approved person or by a person who provides services corresponding to those of an approved person,
      • (b) includes an action mentioned in section 1(2) performed by a person in relation to the whole or any part of that person's own genitals mentioned in section 1(1) but only in the circumstances mentioned in section 3(1) (b) ,
    • “protected person” means a person identified in the order as mentioned in subsection (2) (a) (i) or (b) .
    prohibitions, restrictions or requirements, andother provisions,conduct outside (as well as, or instead of, conduct within) Scotland,persons who have committed, or may attempt to commit, an offence under section 1 or section 3,persons who are, or may become, involved in the commission of an offence under section 1 or section 3 in other respects.to take the protected person to a place of safety designated in the order,to bring the protected person to a court at such time and place as the court making the order may specify,to bring the protected person to any other place at such time and for such purpose as the court making the order may specify,to refrain from violent, threatening or intimidating conduct (whether against the protected person or any other person) ,who is a person such as is mentioned in subsection (2) (b) or (c) , to appear in court,to disclose, if known, the whereabouts of such a person or the protected person,to refrain from taking the protected person from, or to, such place as the court may specify,to facilitate or otherwise enable the protected person or another person to return or go to such place as the court may specify within such period as may be so specified,to submit to the court such documents (including passports, birth certificates or other documents identifying the person and travel documents) as the court may specify,to provide the court with such other information as it may specify.A female genital mutilation protection order may, among other things, also require a Scottish public authority to consider what support and assistance the authority may be able, in exercise of its functions, to provide to the protected person or another person.who is a party to the proceedings for the order, orwho, in the case of such an order made by virtue of section 5E or 5F, would have been a party to such proceedings,Where a requirement mentioned in subsection (4) is included in a female genital mutilation protection order, the Scottish public authority to whom the requirement applies must, so far as reasonably practicable, provide such support and assistance as the authority considers appropriate.conspiring to commit an offence under section 1 or section 3,aiding, abetting, counselling, procuring or inciting another person to commit an offence under section 3.The court may, on an application to it under this section, make a female genital mutilation protection order.a person on whom there is a risk of an act of genital mutilation being performed,a person on whom such an act has been performed,the Lord Advocate,a relevant local authority,the chief constable,with the leave of the court only, any other person.The court may permit a person mentioned in subsection (2) to be a party to proceedings relating to an application made by another person mentioned in subsection (2) .the applicant's connection with a person who would be a protected person were the order made,the applicant's knowledge of such a person and the person's circumstances,the wishes and feelings of such a person so far as they are reasonably ascertainable,in a case where leave to apply is being sought, any reason why the application is being made by the applicant and not such a person.The court need only have regard to a person's wishes and feelings as mentioned in subsection (4) (c) so far as it considers it appropriate, on the basis of the person's age and understanding, to do so.a person, who would be a protected person were such an order made, is present, ora person, who would be a person falling within a description specified in such an order (as mentioned in section 5A(2) (a) (ii) ) were the order made, is present or is likely to be present,a protected person is present, ora person falling within a description specified in such an order (as mentioned in section 5A(2) (a) (ii) ) is present or is likely to be present.The court to which an application for a female genital mutilation protection order is to be made is to be determined in

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